Evaluation finds flaws in how Kodak dealt with CEO inventory grants

Shares of Kodak are sharply greater after an impartial authorized evaluation discovered that whereas there have been flaws in how Eastman Kodak issued inventory possibility grants to its CEO simply earlier than revealing a significant improvement that despatched its inventory hovering, no illegality was concerned.

In late July the U.S. Worldwide Improvement Finance Company signed a letter of intent to doubtlessly give the images pioneer a $765 million mortgage to assist pay for manufacturing facility modifications wanted to make pharmaceutical elements briefly provide within the U.S.


Shares surged from round $eight to greater than $33 every in a day, at one level hovering as excessive as $60, a value that has not been seen for years at Kodak whose fortunes light with the arrival of digital images.

The grants to the businesses CEO, as nicely has an enormous donation of firm inventory by a board member across the identical time to an affiliated charity, caught the attention of each shareholders and regulators, as did extremely lively buying and selling in Kodak shares the day earlier than the announcement.

White home commerce advisor Peter Navarro, who performed a component within the course of, blasted the corporate.


“Primarily based on what I’m seeing, what occurred at Kodak was most likely the dumbest selections made by executives in company historical past,” Navarro mentioned on CNBC.

The DFC put any consideration of a mortgage on maintain till the allegations of insider buying and selling are cleared.

These investigations are ongoing. The DFC wouldn’t touch upon Kodak’s inside investigation Wednesday.


The evaluation by the regulation agency Akin Gump Strauss Hauer & Feld, commissioned by a particular Kodak board committee, discovered that Kodak’s normal counsel didn’t warn the corporate’s board that the timing of the grants for Govt Chairman and CEO Jim Continenza may look unhealthy no matter whether or not the grants had been decided to be authorized. Continenza and different senior Kodak executives had been awarded the grants the day earlier than the potential mortgage was introduced.

Relating to insider buying and selling allegations, the evaluation decided that Continenza and board member Phillipe Katz correctly complied with Kodak’s insider buying and selling insurance policies. The approval of the trades was applicable, it discovered, as a result of the mortgage utility course of was at a extremely unsure stage at the moment they had been cleared.

Akin Gump Strauss Hauer & Feld additionally mentioned it didn’t seem donation of three million Kodak shares by board member George Karfunkel to an affiliated charity on the identical time, and out of the blue value much more cash, violated federal securities legal guidelines.


A particular committee shaped by Kodak mentioned the corporate ought to rethink the make-up of its board, significantly given the change in what kind of entities now personal firm inventory.

Kodak mentioned late Tuesday that it deliberate to evaluation and implement the committee’s really helpful measures and that it continues to help with all different inquiries on these issues.

“Kodak is dedicated to the very best ranges of governance and transparency, and it’s clear from the evaluation’s findings that we have to take motion to strengthen our practices, insurance policies, and procedures,” Continenza mentioned in a press release.


Shares of Eastman Kodak Co., primarily based in Rochester, New York, jumped about 60% in early buying and selling.

Michelle Chapman, The Related Press